MADUABU
V.
RAY

(2004) JELR 57679 (CA)    

Court of Appeal  ·  CA/E/EPT/7A/2003 ·  6 Apr 2004 ·  Nigeria
CORAM
JOHN AFOLABI FABIYI JCA (Presided) CLARA BATA OGUNBIYI JCA (Read the Lead Judgment) MONICA B. DONGBAN-MENSEM JCA
Core Terms Beta
evidence
petitioner
1st respondent
mmaku ward
obeagu ward
ugwueme ward
agwu ward
evidence act
agwu south constituency
record of proceedings
3rd respondents
election petition
learned counsel
constituency collation officer
electoral act
amended petition
standard of proof
2nd respondent
collation officers
mmaku section of mgbidi
said election
enugu state house of assembly
form ec8c.
bye-election
conduct of a person
electoral officer
honourable tribunal
joinder of necessary parties
1st respondent’s amended petition
3rd day of may
3rd respondents’ counsel
addresses of counsel
address of counsel occasion
charge of awgu ward
election of the appellant
end of the said election
exhibits n
facts of this case
following consideration
further witnesses
learned 2nd
legislative houses election tribunal
named official of the 2nd respondent
platform of the all nigeria people party
platform of the peoples democratic party
said declaration
said election petition
scores of the appellant
state house of assembly election
wards collation officers

OGUNBIYI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Governorship and Legislative Houses Election Tribunal (coram: Honourable Justice Ejembi Eko, Honourable Justice S. U. Dikko and Chief Magistrate Ambrose Lewis Allagoa) holden at Enugu, delivered on Wednesday 16th day of July, 2003 wherein the Honourable Tribunal voided the election of the appellant as the elected member representing Agwu South Constituency in the Enugu State House of Assembly, affirmed the scores of the appellant and the 1st respondent as 289 (two hundred and eighty-nine) and 13,827 (thirteen thousand, eight hundred and twenty-seven) votes respectively. A further order was made on the 2nd respondent to conduct a bye-election in Agwu ward 1, Obeagu ward, Anikenan/Ugwueme ward and Mmaku section of Mgbidi/Mmaku ward.

It is needful to spell out the facts of this case which are clearly borne out on the record of proceedings for clear understanding.

The appellant and the petitioner/1s…

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